Resource Management Act 1991

29 Delegation of functions by Ministers

• (1) Any Minister of the Crown may, either generally or particularly, delegate to the chief executive of that Minister's department in accordance with section 28 of the State Sector Act 1988, any of that Minister's functions, powers, or duties under this Act other than the following:

  • (a) certifying any work or activity under section 4:

  • (b) appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25:

  • (c) recommending the making of a national environmental standard under section 44:

  • (d) recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52, 53, or 57:

  • (e) the following functions, powers, and duties under Part 6AA:

    • (i) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

    • (ii) appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):

    • (iii) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a)

    • (iv) deciding whether to intervene in a matter under section 149ZA:

    • (v) deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies:

  • (f) recommending the making of an Order in Council under section 150C:

  • (g) recommending the making of an Order in Council under section 165O:

  • (ga) [Repealed]

  • (h) approving an applicant as a requiring authority under section 167:

  • (i) approving an applicant as a heritage protection authority under section 188:

  • (j) recommending the issue or amendment of a water conservation order under section 214 or 216:

  • (k) recommending the appointment of an Environment Judge or alternate Environment Judge under section 250:

  • (l) recommending the appointment of the Principal Environment Judge under section 251:

  • (m) recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254:

  • (n) recommending the making of regulations under section 360:

  • (o) approving a regional coastal plan under clause 19 of Schedule 1:

  • (p) [Repealed]

  • (q) this power of delegation.

  (2) A chief executive may, in accordance with section 41 of the State Sector Act 1988, subdelegate any function, power, or duty delegated to him or her by a Minister under section 28 of that Act.

  (3) Any delegation or subdelegation made under this section may be revoked in accordance with section 29 or section 42 of the State Sector Act 1988, as the case may be.

  (4) The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under section 24(f), Part 6AA, and sections 357B to 357D except the following:

  • (a) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

  • (b) appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):

  • (c) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a):

  • (d) deciding whether to intervene in a matter under section 149ZA:

  • (e) deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies.

  (5) A delegation under subsection (4)—

  • (a) is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and

  • (b) does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.

  Section 29(1)(a): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(b): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(c): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(d): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(e): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(f): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(g): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(ga): repealed, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(h): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(i): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(j): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(k): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(l): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(m): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(n): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(o): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(1)(p): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

  Section 29(1)(q): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(4): inserted, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 29(4): amended, on 1 July 2011, by section 5 of the Resource Management Amendment Act 2011 (2011 No 19).

  Section 29(5): inserted, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).